State v. Earley
Annotate this CaseAppellant pleaded guilty to aggravated vehicular assault, endangering children, and operating a motor vehicle under the influence of alcohol or drugs (OVI). The trial court sentenced Appellant to a term of three years for aggravated vehicular assault, thirty-six months for endangering children, and six months for OVI, all sentences to run concurrently. Appellant challenged her sentences on appeal, arguing that aggravated vehicular assault is an allied offense of OVI and that the two offenses should have merged. The court of appeals affirmed, concluding that even if aggravated vehicular assault and OVI are allied offenses, Ohio Rev. Code 2929.41(B)(3) creates and exception that permits a trial court to impose a sentence for both. The Supreme Court affirmed, holding that a trial court may impose cumulative sentences for both aggravated vehicular assault and OVI when the offense of OVI is the predicate conduct for aggravated vehicular assault.
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